M and Another (Children) v Secretary of State for the Home Department: CA 4 Feb 2003

The applicants sought to enter the UK to be with their parents. The respondent found that the possibility of violence from the father meant that they would not have suitable accomodation within the meaning of the rules.
Held: The consideration of whether suitable accomodation was available was not limited to the physical accomodation offered, but could include other issues. It could not have been Parliament’s intention to allow admission to circumstances creating a real risk of harm. The requirement was that suitable accommodation be made available by the parents.

Judges:

Sir Andrew Morritt VC, Hale, Dyson LJJ

Citations:

Times 07-Feb-2003, [2003] EWCA Civ 263

Links:

Bailii

Statutes:

Immigration Rules 1994 (1994 HC 395) 297(iv)

Jurisdiction:

England and Wales

Immigration

Updated: 19 November 2022; Ref: scu.179002